Notice of Landlord's MCI Application Presumably Mailed by DHCR

The DRA granted landlord's application for MCI rent hikes based on elevator upgrading. Tenant appealed and lost. Tenant claimed that she never received notice of landlord's application and therefore had no opportunity to object. But DHCR records showed that the DRA mailed notice of the MCI application on Dec. 7, 2017, to tenant at the correct address. The mailing wasn't returned to the DHCR by the U.S. Postal Service and therefore was presumed to have been delivered. The DHCR wouldn't consider objections raised for the first time on appeal.

DeVito: DHCR Adm. Rev. Docket No. GT430023RT (1/4/19) [1-pg. doc.]